N KANNAKI Vs. CHIEF ENGINEER BUILDINGS

JUDGEMENT

(1.) AGGRIEVED by the order of the Chief Engineer (Buildings) Public Works Department, Chepauk, Chennai 600 005, dated 23. 02. 2005 ordering for recovery of Rs. 1,10,632/- from the petitioner, being the difference and penal rent for the Apartment No. S-13 in Omandurar Government Estate, Chennai 2, the petitioner has filed this writ petition.

(2.) THE case of the petitioner as seen from the affidavit is briefly stated hereunder: according to the petitioner, while she was serving as XIth Judge, Court of Small Causes, Chennai, due to non-availability of accommodation in the Judicial Officers' Quarters, on her application, she was allotted S-13, Residential Quarters in Omandurar Government Estate, Chennai 2, by the second respondent, who is in-charge of the allotment and maintenance of the Government Quarters in that locality. She used to pay the rent of Rs. 1508/- directly, without any default for the said residential quarters by way of Demand Draft. While so, on 24. 10. 2000, the petitioner was transferred from Small Causes Court, Chennai to Jayamkondam in Trichy District as District Munsif. Again she was transferred to Trichy, Periyakulam and Thakkalai in Kanyakumari District upto 02. 12. 2002. During the relevant point of time, her family members were continuing to reside in the said quarters and she has not violated any of the clauses or undertaking given by her to the Public Works Department. Thereafter, i. e. , on 02. 12. 2002, again, she was re-transferred to Chennai and posted as Assistant Editor, Tamil Law Journal in the campus of High Court and continue to reside in S-13 quarters. On 30. 06. 2003, she handed over possession and key of S-13 to the Assistant Engineer, Public Works Department, Government Estate. According to her, since she had remitted rents regularly, there were no arrears of rent with respect to the said premises as on 30. 06. 2003. Thereafter, she was allotted Q-12 quarters in Omandurar Government Estate, Chennai 2, i. e. , from 01. 07. 2003 and the rent is being deducted from her salary and remitted to Public Works Department as insisted.

(3.) THE first respondent herein issued the impugned proceedings dated 23. 02. 2005 along with calculation memo that a sum of Rs. 1,10,632/- shall be recovered from her pay in 60 monthly installments i. e. , Rs. 2,072/- for first month and Rs. 1,840/- for 59 months, besides future rent from March, 2005 onwards for the present accommodation in Q-12 Omandurar Government Estate, Chennai 2. Questioning the same, the petitioner has filed this writ petition.